Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Assam - Section

Section 43 in The Assam Excise Act, 1910

43. Powers of Investigating Officers.

(1)Any Collector or other officer empowered under the provisions of Section 42, sub-section (2), having recorded in writing his reasons for suspecting the commission of an offence which he is empowered to investigate, may exercise the powers conferred upon a police officer making an investigation or upon an officer-in-charge of a police station by Sections 140 to 171 of the Code of Criminal Procedure, 1898, and as regards offences punishable under Sections 53, 54, 55, 56, 57 and 60 of this Act, the powers conferred upon such Police Officers, in respect of cognizable offences by the first clause of sub-section (1) of Section 54 and by Section 56 of the said Code.
(2)Subject to such restrictions as the State Government may prescribe, a Collector or with the previous permission of a Collector but not otherwise, any other officer specially empowered under Section 32 may, without reference to a Magistrate and for reasons to be recorded by him in writing, stop further proceedings against any person concerned or supposed to be concerned in any offence which he has investigated.
(3)For the purpose of the provisions of Section 166 of the Code of Criminal Procedure, 1898, the area to which an officer specially empowered under Section 52, sub-section (2) is appointed shall be deemed to be a police station, and such officer the officer-in-charge of such station.
(4)As soon as an investigation under Section 42 has been completed, if it appears that there is sufficient evidence to justify the forwarding of the accused to a Magistrate, the investigating officer, when does not proceed under sub-section (2) or under Section 70 shall submit a report which for the purposes of Section 190 of the Code of Criminal Procedure, 1898, shall be deemed to be a police report, in such form as the State Government may prescribe to a Magistrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on police report.